Legal forms of public-private partnership for the space activity of Ukraine and its distinction from related forms of contractual cooperation

1Malysheva, NR, 1Hurova, AM
1V.M. Koretsky Institute of state and law of National Academy of Sciences of Ukraine, International Space Law Centre, Kyiv, Ukraine
Space Sci. & Technol. 2019, 25 ;(1):73-84
https://doi.org/10.15407/knit2019.01.073
Publication Language: Ukrainian
Abstract: 
We studied modern scientific approaches to the content of the concept of "public-private partnership". General features and peculiarities of contractual forms for the space industry are analyzed. They are the concession, property management, co-operative activity, and mixed contracts. Problem aspects of the choice of each of them for the development of certain types of space activities are outlined. In particular, articles 4 of Act of Ukraine about entrepreneurship, some provisions of Commercial Code of Ukraine and of the Act of Ukraine about Public Private Partnership, gaps of national legislation in this sphere are defined as barriers to partnership development. Perspectivity of using the technology transfer as a form of public-private partnership is considered. In addition, the authors drew a distinction between the identified forms of public-private partnership and the other forms of cooperation between public and private players: public procurement, outsourcing, privatization. The distinction was made on practical examples of individual enterprises of the space industry using domestic and foreign scientific works. On this basis, the proposals were formulated for reforming the domestic legislation in the field of the public-private partnership to stimulate the development of space technologies.
Keywords: concession, joint activity, outsourcing, privatization, public procurement, public-private partnership, space management, technology transfer